Contactless Government

It seems that at almost every business website you go to, you will see a link to information on that business’s response to the coronavirus, the pandemic, or COVID-19. One of the original responses of businesses to the COVID-19 “pandemic” that is not only still with us, but apparently here to stay, is contactless service. Although this initially appealed mainly to those who were hesitant, concerned, or scared about coming into contact with another human being who might infect them with “the virus,” the contactless service idea soon caught on with the rest of the population.

Contactless service

During the lockdowns, social distancing, fear, and uncertainties of 2020, pizza companies were among the first to begin contactless service. For example, here are Pizza Hut’s contactless option for delivery: “We’ll put your packaged order on a contactless delivery stand and place it at the front of your door or in a designated delivery area, a driver will ring the doorbell to alert you that your order arrived safely and back up to a safe distance allowing you to grab your order. Your receipt will be placed in the front edge of the top box.”

But, of course, it’s not just pizza. You can order food from almost any restaurant via DoorDash, Uber Eats, or Grubhub and have it placed on your front porch or outside of your hotel room so you don’t have to have contact with anyone. And now it’s not just food. You can get contactless estimates for roofing, painting, carpeting, landscaping, and other home improvements. Some stores have even installed self-service pickup lockers that enable customers to collect their same-day orders without having contact with store employees.

Regardless of whether the severity of the pandemic has been overblown, there is nothing wrong with any business offering contactless services as an option or even as the only means of doing business. It is in fact a great example of businesses adapting to changing market conditions, government mandates, and the concerns of their customers. Most businesses never required contactless service, and if they did, customers who preferred direct contact with a business’s employees were free to go elsewhere. One reason that contactless service caught on so quickly is that even before the pandemic, self-service checkouts at the supermarket and kiosks at fast food restaurants were becoming more and more prevalent.

Government mandates

Contrast the peaceful and voluntary actions of businesses with those of government. During the pandemic, in an attempt to forcibly keep people from coming into contact with each other, state and local governments mandated social distancing; lockdowns; curfews; stay-at-home restrictions; capacity limits for stores, restaurants, bars, arenas, and stadiums; the prohibition of concerts, plays, and Broadway shows; and the closure of parks, beaches, playgrounds, schools, recreation centers, pools, and “non-essential” businesses like museums, movie theaters, and gyms. The result of all of this turned out to be the most intrusive, comprehensive, and tyrannical control of human beings and their movements in recorded history.

State and local governments justified many of their actions by claiming that they were following the recommendations of the federal Centers for Disease Control and Prevention (CDC). But regardless of how good or bad the CDC’s recommendations were, the Constitution nowhere authorizes the federal government to have such an agency. And the same goes for the Food and Drug Administration (FDA), the National Institutes of Health (NIH), and the National Institute of Allergy and Infectious Diseases (NIAID). The Constitution is in force no matter what is happening at any given time. It contains no provision for its abeyance. The Constitution cannot be suspended in the name of “public health” anymore than it can be suspended in the name of “national security” or “natural disaster.”

The response of government at all levels to the COVID-19 “pandemic” has been a frontal assault on individual liberty, freedom of association, property rights, and the free exchange of goods and services. In a free society, the functions of government — in whatever form it might exist — would be strictly limited to prosecuting those who initiate violence against, commit fraud against, or violate the personal or property rights of others and exacting restitution from them. As libertarian theorist Doug Casey has explained:

Since government is institutionalized coercion — a very dangerous thing — it should do nothing but protect people in its bailiwick from physical coercion. What does that imply? It implies a police force to protect you from coercion within its boundaries, an army to protect you from coercion from outsiders, and a court system to allow you to adjudicate disputes without resorting to coercion. I could live happily enough with a government that did just those things. Unfortunately the US Government is only marginally competent in providing services in those three areas. Instead, it tries to do everything else conceivable.

And the same goes for state and local governments, who all — in the name of “public health” — have criminalized heretofore legal activities, violated civil liberties as bad as if not worse than in wartime, and destroyed private property rights in their quest to force people to stay away from each other.

Instead of forced separation and contactless personal and commercial interactions, what Americans really need is contactless government. Here are seven key areas in which this is so.

Contactless government

Americans need contactless government when it comes to health care. Americans are currently forced by the Federal Insurance Contributions Act (FICA) to “contribute” 2.9 percent of their total wages (split equally between employers and employees) to the Medicare program. Medicare is government-funded health care for Americans 65 years old and older and for those who are permanently disabled, have end-stage renal disease, or ALS (Lou Gehrig’s disease). Medicare covers about 63 million Americans.

In addition, the federal government maintains and/or funds medical research, insurance exchanges, community health centers, clinical trials, family planning, HIV/AIDS prevention initiatives, databases of Americans’ medical records, and vaccination programs; issues nutrition guidelines; regulates the sale of and mandates insurance coverages; restricts the sale of bodily organs; has medical-record requirements; and issues mandates or regulations concerning physicians, dentists, nurses, midwives, psychiatrists, psychologists, hospitals, medical devices, pharmacists, insurance companies, medical schools, nursing homes, drugs, and drug companies.

On the state level there are more regulations, medical-licensing laws, Medicaid, and the Children’s Health Insurance Program (CHIP). Medicaid is government-funded health care for poor Americans of any age and people with certain disabilities. It is a means-tested program jointly financed by the federal government and the states, but designed and administered by the states within federal guidelines. Medicaid covers about 75 million Americans. CHIP is a partnership between the federal and state governments that provides health insurance to children in families with incomes too high to qualify for Medicaid. It is jointly financed, designed, and administered like Medicaid. About 7 million children are enrolled in CHIP.

In a free society, there would be no contact with government when it comes to health care. No American would be entitled to health care provided at the expense of another American. No American would be forced to pay for the health care or health insurance of any other American or their children — regardless of how poor, old, sick, disabled, or needy that other American was. All charity would be private and voluntary. Health care would not be a right but rather a service that would be provided on the free market just like any other service.

Americans need contactless government when it comes to guns. The federal government has a Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) — even though it is not authorized by the Constitution; licenses gun dealers; operates the National Instant Criminal Background Check System (NICS); regulates gun shows; and has a myriad of gun-control laws — in violation of the Second Amendment. State and local governments have waiting periods, registration requirements, and age restrictions for gun purchases.

In a free society, there would be no contact with government when it comes to guns. Anyone could manufacture or sell any type of gun, ammunition, or magazine. There would be no government interference between a willing seller and a willing buyer just because a gun was involved. There would be a free market in guns just like there is a free market in fruits and vegetables.

Americans need contactless government when it comes to education. Government at all levels holds a virtual monopoly on education in the United States. The federal government has its Department of Education, its Higher Education and Elementary and Secondary Education Acts, its mandates, its standards, its school accreditation, its initiatives, its Pell Grants, its student loans, its research grants, and its funding of education at all levels. Every state has a department of education; a provision in its constitution for the operation of K-12 schools, colleges, and universities; and compulsory-attendance laws. Local school boards have the authority to tax everyone — whether they have children or not — to fund the operation of their schools. Private colleges and universities depend on government funding and student grants and loans to stay afloat. Many private K-12 schools likewise depend on government vouchers to keep their doors open.

In a free society, there would be no contact with government when it comes to education.

The education of children would be the responsibility of parents. Education would be a service provided on the free market by private entities. And no American would be forced to pay for the education of any other American or their children.

Americans need contactless government when it comes to alcohol. The federal government heavily taxes and regulates alcohol. Seventeen states are “alcoholic beverage control” states where the state government controls the wholesaling, and often the retailing, of distilled spirits, and in some cases, beer and wine. In some states, the government owns and operates all of the liquor stores. States and local governments regulate the opening and closing times of bars and restaurants that serve alcohol, the days the days of the week on which alcohol can be sold, and the hours of the day during which alcohol can be sold. Thirty-three states allow localities to prohibit the sale of alcoholic beverages. About 10 percent of the landmass of the United States is made up of dry counties and municipalities. Some states ban happy hours in which discounted alcoholic drinks are offered. Every state requires a license to sell alcohol. Every state has a legal drinking age of 21 even though adults at age 18 can vote, get married and divorced, serve in the military, serve on a jury, adopt children, and enter into binding contracts.

In a free society, alcohol would not be treated differently from any other commodity, and manufacturers, distributors, and sellers of alcohol would be treated as any other business. It would be up to stores to decide when and to whom alcohol could be sold. And it would be the role of businesses, families, friends, ministers, religious organizations, temperance unions, social-welfare groups, and medical professionals to instruct Americans on the safe use and potential dangers of alcohol.

Americans need contactless government when it comes to employment. The federal government has a Department of Labor, a Bureau of Labor Statistics, a National Labor Relations Board, and an Equal Employment Opportunity Commission — even though none of them are authorized by the Constitution. Businesses large and small are saddled with mandates like the Family and Medical Leave Act, the Fair Labor Standards Act, the Equal Pay Act, the Fair Pay Act, and Obamacare health insurance mandates.

Job applicants are expected to submit, and employers are required to report to the government, sex, race, and other demographic information. De facto racial employment quotas must be instituted so as not to run afoul of anti-discrimination laws. Overtime pay eligibility and amounts are set by the government. Union members who go on strike cannot be fired. Governments at all levels have enacted minimum wage legislation. Employers are forced to “contribute” to the unemployment compensation program. Employers cannot hire those whom the government designates as “illegal” or “undocumented” no matter how much they are able and willing to work.

In a free society, there would be no contact with government when it comes to employment. There would be no minimum-wage laws. Employees would freely decide to take a job with a company on the basis of the wages and benefits offered. In the absence of an employment contract, businesses could hire and fire employees at will. Employers could discriminate against job applicants just as freely as job applicants discriminate against employers. Government would not interfere in any way with the employer-employee relationship.

Americans need contactless  government when it comes to commerce. Public-accommodations laws, which infringe on property rights, freedom of association, and freedom of contract, mandate that businesses must serve anyone and everyone. Occupational licensing laws mean that some Americans must get permission from the government to open a business or work in certain occupations. Price-control laws concerning interest rates, rent control, ticket scalping, price gouging, overdraft fees, and agricultural commodities must be followed lest one be accused of charging too much or too little. The federal government has an arcane maze of trade laws and “protects” certain industries from foreign competition by forcing Americans to pay more for imported goods. Companies cannot merge or acquire other companies without the federal government’s permission. In some cities and towns, one cannot have a garage sale without some government entity’s permission.

In a free society, there would be no contact with government when it comes to commerce. There would be no antitrust laws or regulations to stifle businesses. A fair and just price would be the price voluntarily agreed upon by a buyer and a seller. Government would never interfere with any actions between a willing buyer and seller.

Americans need contactless government when it comes to retirement. Americans are currently forced by FICA to “contribute” a percentage of their wages to the Old-Age, Survivors, and Disability Insurance (OASDI) program, popularly known as Social Security. The Social Security tax rate is 12.4 percent (split equally between employers and employees) on the first $142,800 of employee income. Only members of certain religious groups may be exempt from Social Security taxes. Employees of state and local governments who are covered under a public retirement plan do not have to pay Social Security taxes. Self-employed individuals pay the full 12.4 percent, but receive both a reduction in their net earnings from self-employment and a tax deduction equal to 50 percent of the amount of the Social Security tax they paid. Social Security provides monthly benefits to retired workers, their families, and survivors, as well as providing monthly benefits to disabled workers and their families.

In a free society, there would be no contact with government when it comes to retirement. Saving for retirement, providing for one’s family, and preparing for unforeseen events like accidents or disability would be the responsibility of each individual. Retirement planning and services would be provided by employers or on the free market by private entities. And no American would be forced to pay for the retirement or misfortune of any other American or their children.

A golden age

There was a time in this country when Americans did have contactless government—a time when unless you committed a crime (not a victimless crime, but a crime with a tangible victim and measurable damages) or went to the Post Office, you did not have contact with government officials and bureaucrats. As described by Future of Freedom Foundation president Jacob Hornberger:

Let’s consider, say, the year 1880. Here was a society in which people were free to keep everything they earned, because there was no income tax. They were also free to decide what to do with their own money-spend it, save it, invest it, donate it, or whatever. People were generally free to engage in occupations and professions without a license or permit. There were few federal economic regulations and regulatory agencies. No Social Security, Medicare, Medicaid, welfare, bailouts, or so-called stimulus plans. No IRS. No Departments of Education, Energy, Agriculture, Commerce, and Labor. No EPA and OSHA. No Federal Reserve. No drug laws. Few systems of public schooling. No immigration controls. No federal minimum-wage laws or price controls. A monetary system based on gold and silver coins rather than paper money. No slavery. No CIA. No FBI. No torture or cruel or unusual punishments. No renditions. No overseas military empire. No military-industrial complex. As a libertarian, as far as I’m concerned, that’s a society that is pretty darned golden.

The first federal economic regulatory agency, the Interstate Commerce Commission (ICC), was not established until 1887.

This, of course, doesn’t mean that during the 1800s there were never any infringements on individual liberty and private property and that minorities and women had all of the rights and privileges that they have now. But it does mean that you were not in danger of the government fining you for cutting hair without a license, stopping you in your travels and confiscating all of your cash, or locking you in a cage merely for possessing too many plants that the government didn’t approve of.

A free society is a society where people have the freedom to live their lives any way they choose, do with their property as they will, participate in any economic activity for their profit, engage in commerce with anyone who is willing to reciprocate, accumulate as much wealth as they desire, and spend the fruits of their labor as they see fit. Americans don’t need the government to keep them safe and healthy any more than they need the government to make sure they act moral and virtuous. In a free society, Americans would go about their business without government licenses, regulations, restrictions, standards, intervention, oversight, surveillance, or interference. As long as people’s actions are peaceful, their associations are voluntary, their interactions are consensual, and they don’t violate the personal or property rights of others, they should not have to come into contact with the government. The government should just leave them alone.

This article was originally published in the November 2021 edition of Future of Freedom.

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